SB 516 Modifies several provisions of law relating to judicial procedures and personnel
Sponsor: Goodman
LR Number: 1952L.04C Fiscal Note: 1952-04
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/18/2007 - In Conference Journal Page:
Title: HCS SB 516 Calendar Position:
Effective Date: August 28, 2007
House Handler: Pratt

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2007 Senate Bills

Current Bill Summary


HCS/SB 516 - This act modifies the laws regarding corporate filings and business organizations, transfer of title for easements, false and deceptive business practices, trademark registrations, child custody jurisdiction and enforcement, judges, attorneys, and a variety of other criminal and civil laws.

CERTIFIED MAIL

(Section 1.020; from HB 1053)

The act defines "certified mail" as it relates to the laws of this state, to include any parcel or letter carried by a delivery service that allows a sender or recipient to electronically track its location.

CORPORATIONS

(Sections 28.160, 41.950, 42.292, 347.173, 351.047, 351.120, 351.122. 351.125, 351.127, 351.145, 351.155, 351.459, 351.484, 351.592, 351.594, 351.598, 351.602, 351.690, 355.016, 355.021, 355.066, 355.071, 355.176, 355.688, 355.706, 355.796, 355.806, 355.811, 355.821, 355.856, 355.857, and 356.211; from HB 683 and HCS/SCS/SB 368).

The act grants the secretary of state authority to establish a premium and expedited services program and to promulgate rules regarding fees to be charged for special handling in connection with services provided by the office. These services allow customers to purchase services that guarantee rapid processing on filings or other special handling.

The act allows a corporation to change the filing month for its corporate registration report in return for an additional $20 filing fee. Corporations may also opt to file the corporate registration report biennially rather than annually. The filing fee for choosing this option will be twice the fee currently required for filing annually. The Secretary of State may collect an additional $10 fee, for deposit in the Secretary of State technology fund, for each biennial report . If the corporate registration report is not filed within 90 days, the Secretary of State may proceed with corporate dissolution.

A limited liability corporation may electronically file its original articles of incorporation for a fee of $45 rather than the $100 currently required for paper filings.

Currently, Limited Liability Companies shall be dissolved upon the withdrawal of the sole remaining member. Under the act, there will be forced dissolution when there are no members unless certain agreements are made, pursuant to the operating agreement, by the personal representative of the last remaining member to continue the company, or if another member is added within 90 days of the event triggering the withdrawal of the last remaining member.

The act modifies the definition of "issuing public corporations" by removing the current shareholder requirements and instead, requiring the corporation to have a class of voting stock registered with the Security and Exchange Commission unless the articles of incorporation of the corporation stipulate otherwise.

The act removes the definition of and references to "resident domestic corporations". Under current law, resident domestic corporations must be incorporated in Missouri; have 100 shareholders; maintain its principal place of business, its principal office, or substantial assets in Missouri; and have 10% of its shareholders reside in Missouri, more than 10% of its shares owned by Missouri residents, or have 10,000 of its shareholders reside in Missouri. Under the act, a domestic corporation must be incorporated in Missouri. All references to resident domestic corporations are changed to domestic corporations.

The act also establishes requirements for labeling of public receptacles when individuals seek to collect donations of unwanted household items.

REAL PROPERTY TRANSFERS TO COUNTIES

(Section 42.292, HB 666)

Prohibits water and sewer line easements from being considered as transfers of title of real property to counties, so that such easements will not need to be proven or acknowledged to be valid if authorized for recording by the county commission.

SALARY COMMISSIONS

(Section 50.333)

For salary commissions, as required in every non-chartered county, provides that the county clerk shall set a date, time and place for commission meetings and shall provide notice thereof, rather than the clerk or court administrator of the county circuit court.

COUNTY MUNICIPAL COURTS

(Section 66.010)

Provides that any first class county with a charter form of government may establish a county municipal court, rather than stating that such counties may only do so if authorized in their charter. Also, the circuit judges within the county's judicial circuit may authorize county municipal judges to acts as commissioners to hear all violations, rather than just non-felony violations, of state motor vehicle laws.

STATE LEGAL EXPENSE FUND

(Section 105.711; from SB 273 and HB 1135)

Adds coverage for liability under the state legal expense fund to podiatrists, chiropractors, optometrists, pharmacists, certain mental health professionals, certain other health care providers who provide health care services at certain health departments or health centers, any social welfare board, the officers and members of such a board, and certain health care providers who are referred to provide specialty care without compensation for such a board. The moneys in the fund shall also be available to pay claims or judgments against certain physicians and dentists providing specialty care without compensation to an individual referred to him or her by certain health departments or health centers. The payment for claims arising under this specific provision shall not exceed one million dollars in the aggregate for all claims arising out of the same act or acts alleged in a single cause, and shall not exceed one million dollars for any one claimant, and insurance policies purchased for such persons with moneys appropriated to the legal expense fund shall not exceed one million dollars. Additionally, liability or malpractice insurance for any physician or dentist shall not be considered available to pay any portion of a judgment or claim for which the legal expense fund is liable under this provision.

The act also adds camps to the limitation on liability for health care providers who provide primary care or preventative health services to students.

ETHICS COMMISSION

(Section 105.955)

Provides that no member of the Missouri Ethics Commission shall serve on the commission for more than four years, except that members may have a 120-day extension to their term until any vacancies in member positions have been filled.

FEES FOR PATIENT HEALTH CARE RECORDS

(Section 191.227)

This act increases the fee for copying of patient's health care history and treatment from $17.05 plus $0.40 per page to $18.49 plus $0.44 cents per page, and increases the certification and notary fee from $2 to $8.

CONFIDENTIALITY OF COURT RECORDS

(Section 191.656)

The act provides that nothing within the section 191.202, RSMo, shall be construed to require closing of court records in any matter pending before a state court where the proceeding would otherwise be held in open court, nor does it require closing or sealing of court records in any criminal case brought under section 191.677, RSMo, or section 567.020, RSMo, relating to certain criminal acts committed by persons infected with HIV.

FORENSIC EXAMINATIONS

(Section 191.225; from SB 429)

Under this section, the Department of Health and Senior Services shall make payments to medical providers to cover the charges of forensic examinations for victims of sexual offenses under certain circumstances. Current law requires the department to pay hospitals and physicians for the costs of medical exams that are not covered by insurance, Medicare, or Medicaid for certain victims of sexual offenses. The appropriate medical provider shall file the report of the exam with the prosecuting attorney within three business days of its completion.

The Attorney General shall develop the forms and procedures for gathering evidence during forensic exams. Rather than the attorney general furnishing hospitals with copies of such forms, the department of Health and Senior Services shall develop a checklist for medical providers to refer to while providing treatment to victims.

The Highway Patrol or its designees are required to develop evidentiary collection kits and, subject to appropriation, make them available to medical providers. The medical providers shall use the kits to perform a forensic exam following the department's checklist. No medical provider shall charge such a victim for the forensic exam; however, if a victim is eligible for relief from the crime victims' compensation fund, the provider may seek compensation from the fund money.

POSSESSION OF CONTROLLED SUBSTANCES

(Section 195.202)

This act increases the penalty for possession of a controlled substance to a class B felony for any violation by an individual while in the presence of a person younger than 17 years of age. The possession of amphetamine or methamphetamine is added to the list of violations for child endangerment.

PATERNITY AND SUPPORT JUDGMENTS

(Section 210.854)

Allows judges to set aside paternity and support judgments.

SPEED TRAP REVENUE LIMITATION

(Section 302.341; from HB 122)

Under this act, if any city receives more than 35 percent (down from 45 percent) of its annual general operating revenue from fines and court costs for state traffic violations, then all revenues exceeding that threshold are sent to the department of revenue to be distributed to the schools in the manner accorded by law. Political subdivisions that fail to timely submit the excess revenue may be subject to an audit by the state auditor. The provisions of this section shall become effective January 1, 2010, for any city, town, or village located in Jackson County.

BUSINESS ORGANIZATIONS

(Section 347.137, 351.015, & 351.459; from HB 431)

Authorizes an additional method for the dissolution of a limited liability company (LLC) in the event that there are no members and the LLC is not already dissolved and not required to be wound up. The act also changes the definition of "issuing public corporation" in the general provisions for business corporations in Section 351.015, RSMo, and defines "domestic corporation" as a corporation incorporated under Missouri laws in the merger and consolidation provisions in Section 351.459, RSMo.

CORPORATE NAME RESERVATIONS

(Section 355.151; from HB 527)

Currently, the Secretary of State reserves a corporate name for an applicant's exclusive use for a 60-day period. The act extends that holding period to a maximum of 180 days from the date of the first application and prohibits the name from being placed back in a reserve status.

MISSOURI FAMILY TRUST

(Section 402.205 and 402.215)

The act changes the laws regarding the Missouri Family Trust, by providing that trusts which have been created from funds recovered from personal injury damages or personal assets must reimburse the state and any other state, if necessary, for medical assistance provided the beneficiary after 25 percent of the principal balance has been distributed to the trust.

SCRAP METAL SALES

(Section 407.300; from HB 547)

The act provides that purchasers or collectors of scrap metal are required to keep a written or electronic register for each purchase or trade of scrap metal exceeding $50 or 50 pounds. A separate record must be kept for each transaction involving copper, aluminum wire, or cable. Every record must contain a copy of the driver's license or other state or federally issued identification from whom the metal is purchased and the date, time, place, weight, and full description of each purchase or trade. A person will be guilty of a class A misdemeanor for violating these provisions. Any transaction for which copper or aluminum wire is a minor part of a larger item is exempted.

FALSE OR DECEPTIVE BUSINESS PRACTICES

(Sections 407.309, 407.485, and 427.225; from HB 399, HB 431, HB 500 and SB 485)

The act prohibits any person from advertising or conducting a live musical performance in Missouri while using a false, deceptive, or misleading affiliation between the performing group and the original recording group. The act does not apply when:

(1) One member of the performing group was a member of the original recording group and has a legal right to advertise the affiliation;

(2) The performance is identified as a tribute or salute to the original recording group;

(3) The advertising does not relate to a performance to be held in Missouri;

(4) The performing group has express authorization from the original recording group to use the affiliation; or

(5) The performing group is an authorized registrant or owner of a trademark for the original recording group name.

The Attorney General or prosecuting attorney is authorized to bring an action for a temporary or permanent injunction against any person in violation. Any person found in violation will be liable to the state for a civil penalty of $5,000 to $15,000 per violation and may be required to pay restitution to the original recording artist for any money acquired due to the false, deceptive, or misleading affiliation between the performing group and the original recording group.

The act also allows the Attorney General to bring a cause of action for unlawful merchandising practices when a financial institution's name is deceptively used.

The act also provides that donation receptacles operating for profit are required to display on the receptacle that the donations are not for charitable organizations and will be resold for profit. A violation of this provision will be considered an unfair business practice under Section 407.202. If any of the proceeds from resale are donated to a not-for-profit organization, the donation receptacle must display the percentage of proceeds donated and the name of the not-for-profit organization.

TRADEMARK REGISTRATIONS

(Sections 417.011, 417.016, 417.046, and 417.049; from HB 585)

The act requires the registration of a trademark to be filed with a signed statement that the registrant has a bona fide intention to use the mark in commerce or in connection with the goods or services listed in the application. The bill allows a single application for the registration of the same trademark for goods or services in multiple classes. The registration fees are increased: (1) From $50 to $75 for the application fee for each class that the applicant is registering the trademark; (2) From $10 to $20 for the renewal fee; and (3) From $50 to $75 for the assignment fee.

REAL ESTATE AND LIENS ON EQUIPMENT

(Section 429.010, .080 and .603; from SB 302)

This act modifies the definition of commercial real estate by including real estate on which no buildings or structures are located and explicitly provides that commercial real estate shall include an unimproved real estate of any zoning classification, other than agricultural or horticultural real estate, being purchased for development or subdivision.

The act also provides that the six month statute of limitations for filing a lien shall apply to the labor portion involved with the use of rental equipment while the 60 day time-frame shall apply to the rental equipment value. The act also provides that the five-day written notice of using rental equipment shall not apply to the labor provided by the persons using the rental equipment.

ABILITY OF MINORS TO CONTRACT

(Section 431.056; from SB 429)

This section provides that persons age 16 or 17 who are homeless, self-supporting, and whose parents have given implied or express consent, may enter into a contract to receive services as a victim of domestic and sexual violence, in addition to being able to enter other contracts for admission to a shelter, housing, employment, purchase of a vehicle, receipt of student loans, admission to school, obtaining medical care, and establishing a bank account.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT

(Section 452.700 through 452.930; from HB 470)

To determine which state has proper jurisdiction to make an initial determination of child custody, the act establishes the following order of priority:

(1) The state which is currently the home state of the child or was the child's home state within six months immediately before the commencement of a child custody proceeding if the child is absent from the state, but a parent or person acting as a parent continues to live in the state; or

(2) The state in which the child and at least one parent have a significant connection and substantial evidence concerning the custody determination is available in the state; or

(3) The state having an appropriate connection with the child. A state having jurisdiction under the first two priorities may decline to exercise its jurisdiction and transfer it to another state if it is more convenient for the parties or if one of the parties has engaged in misconduct necessitating a change.

"Home state" is defined as the state in which a child lived with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than six months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of any of these persons is considered as part of the period. Once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning the child unless:

(1) A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state and evidence concerning the child's custody determination is not available in the state; or

(2) A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer. Once a custody determination has been made, a court of another state does not have authority to modify the determination unless the state with jurisdiction determines that it does not have jurisdiction or any state court determines that the child, parents, or any acting parents do not reside in the state which currently has jurisdiction. A state which does not otherwise have jurisdiction may enter a temporary emergency order if the child is in danger and needs immediate protection. After issuing the order, the state court should determine if there is an existing custody order from another state in effect.

If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction and argue the issues to the court with jurisdiction. If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having home state jurisdiction over the child. If no determination is made and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody.

CONFIDENTIALITY OF INFORMATION FOR CERTAIN VICTIMS

(Section 455.003; from SB 429)

This section requires employees or volunteers of a rape crisis center to maintain confidentiality of information that would identify individuals served by the center and any information directly related to the advocacy services. Also, prior to providing advocacy services, the center shall inform individuals of the nature and scope of the confidentiality requirements.

An employee or volunteer of a rape crisis center shall be incompetent to testify concerning any confidential information unless the confidentiality requirements are waived by the individual served.

ADULT ABUSE AND STALKING

(Section 455.010)

Any court may order a court record closed that involves allegations of adult abuse or stalking if the petition is denied, dismissed, withdrawn by the petitioner, or denied after hearing. The act also changes the definition of "adult" to anyone 17 years of age or older for the purposes of the adult abuse statutes.

ORDERS OF PROTECTION NOTIFICATION

(Section 455.038; from HB 583)

The circuit clerk is required to notify by phone an individual who is petitioning for an ex parte order of protection when the order has been served or if no more attempts to serve are planned if the petitioner has opted to register a phone number with the victim notification system established in Section 650.310. All attempts to serve orders of protection must be tracked by the agency responsible for serving the order. This section is only applicable to counties with access to a statewide victim notification system.

UNIFORM TRUST CODE CORRECTION

(Section 456.5-501; from HB 220 and SB 398)

This act corrects a statutory reference in Section 456.5-501, RSMo, within the Missouri uniform trust code.

COMPENSATION OF COURT-APPOINTED MARSHALS

(Section 477.005; from HB 386)

The act requires that marshals appointed for the appellate courts be compensated at the same amount as the highest salary for marshals of circuit courts.

ANNUAL JUDICIAL REPORTS

(Section 477.600; from HB 853 and SB 426)

The act authorizes the supreme court to direct the Judicial Finance Commission to consolidate its annual report on the finances of the judicial department with any annual report prepared by the Supreme Court or the Office of the State Courts Administrator, provided that such report is distributed to the parties enumerated in the act.

SIXTEENTH JUDICIAL CIRCUIT

(Section 478.463 and 478.466; similar to SB 28)

The act provides that beginning January 1, 2009, there shall be an additional circuit judge in the sixteenth judicial circuit, to sit at the city of Independence.

CIRCUIT COURT JUDGES

(Sections 478.463, 478.466, and 478.516; from SB 28 and HB 848)

This act authorizes the addition of one circuit court judge in the 31st Judicial Circuit in Greene County beginning January 1, 2009, and the addition of one circuit court judge in the 16th Judicial Circuit in Jackson County beginning July 1, 2008. The circuit judge for the 16th Judicial Circuit will sit in the City of Independence.

DRUG COURT COMMISSIONER

(Section 478.466)

The appointment of a drug court commissioner in the 16th Judicial Circuit in Jackson County is authorized beginning July 1, 2008. Compensation for the commissioner will be payable by the state without necessity for reimbursement.

ADMINISTRATIVE ADJUDICATION OF CODE VIOLATIONS IN KANSAS CITY

(Section 479.010 and 479.011; from HCS/SB 237)

The City of Kansas City is authorized to establish an administrative system for adjudicating parking and other civil, nonmoving municipal code violations. Currently, only the City of St. Louis is allowed to establish a system.

CHIEF DISCIPLINARY COUNSEL

(Section 479.260)

The act adds the disciplinary authority for the Chief Disciplinary counsel appointed by the Supreme Court to investigate complaints regarding attorney advertising and authorizes civil and criminal penalties to be imposed for violations.

THIRTY-FIRST JUDICIAL CIRCUIT CLERK

(Section 483.015; from HB 846)

Currently, the circuit clerk for Greene County is elected. This bill requires that he or she be appointed by a majority of the circuit and associate circuit judges of that circuit and may be removed for cause by a majority of judges. The circuit clerk in office on the effective date of the bill will serve the remainder of his or her term as if appointed.

UNAUTHORIZED PRACTICE OF LAW

(Section 484.020; from HB 473)

The act increases the penalty for the unauthorized practice of law from a misdemeanor to a class A misdemeanor.

LEGAL SERVICES FOR THE NEEDY

(Section 484.280; from 315)

The act allows public officials or employees, who are otherwise prohibited from practicing law during their tenure in office, to provide legal services to needy persons if the services are provided without compensation. However, the act disallows state court judges appointed under the Missouri Nonpartisan Court Plan from engaging in the practice of law during their terms.

ATTORNEY NOTARIES PUBLIC

(Sections 486.215, 486.225, 486.230, 486.280, and 486.385; from HB 475)

This act allows an attorney to serve as a notary public until his or her commission is revoked. Currently, a notary public serves a four-year term and is required to renew his or her status at the end of that term. An attorney will be required to submit a one-time notary fee of $75 and a $10 fee to the Secretary of State's Technology Trust Fund. Notary status for an attorney will be revoked if the attorney's law license is suspended, revoked, or terminated. The Secretary of State is authorized to establish rules for the implementation of these provisions.

FAMILY COURT COMMISSIONER

(Section 487.020; from HB 847)

This act allows the 31st Judicial Circuit composed of Greene County to appoint one family court commissioner whose compensation will be paid by the state.

OVERPAYMENT OF COURT FEES

(Section 488.014)

Current law provides that no court or entity collecting court costs shall be required to refund any overpayment for an amount not more than $5, and that overpaid funds may be retained by the county for operation of the circuit court. This act allows cities to also retain such amounts for operation of the municipal division of the circuit court.

COURT REPORTERS

(Section 488.2253)

The act increases the fee to be collected in cases before any circuit judge when an official court reporter is appointed from fifteen to twenty-five dollars. The act also provides that beginning January 1, 2008, a court reporter shall receive an additional cost-of-living adjustment increased or decreased annually based on the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the U.S. Department of Commerce.

ATTORNEYS/JURY SERVICE

(Section 494.425 and 494.430; from HB 546 and HB 340)

Currently, upon timely application to the court, health care providers are excused from jury service. The act removes this provision and allows the court at its discretion to excuse a health care provider if he or she makes timely application to the court and provides a written statement certifying that he or she is providing critical health care services to patients. The act also disqualifies licensed attorneys from jury service.

LEGISLATIVE STAY OF PROCEEDINGS

(Section 510.120)

During the legislative session, provides that there shall be an automatic stay of all administrative and court proceedings in which any member of the general assembly has filed notice with the court or hearing officer that such person is a witness, party, or lead (rather than initial) attorney for any party in the action.

STATUTE OF LIMITATIONS ON INJURIOUS FALSEHOOD

(Section 516.140)

The statute of limitations will be two years for an injurious falsehood.

SERVICE OF SUMMONS

(Section 517.041; from SB 516)

Currently, a court summons requires a defendant to appear before an associate circuit judge no less than 10 days nor more than 30 days from the date the summons was delivered. The act changes the 30-day requirement to 60 days.

CHANGE OF NAME

(Section 527.270)

The act provides that a person convicted of a felony who is in prison is prohibited from changing his or her name until his or her sentence has been completed.

LANDLORD/TENANT LAWS

(Section 535.025, 525.030, and 535.040; from HB 800, HB 504, and SB 629)

Landlords are exempt from liability for any damage to personal property resulting from the enforcement of a judgment granting possession of the property. Landlords are given the right to dispose of the personal property in any manner they consider reasonable. The landlord must make a reasonable effort to notify a third party of any property left by the tenant that bears a conspicuous permanent label or marking identifying it as the property of the third party and give the third party five business days after the date of execution for recovery of the property. Currently, any landlord organized as a corporation that owns and manages rental property cannot bring an action to remove a tenant without being represented by an attorney. The act authorizes corporations or unincorporated associations to be represented in court by the president or vice-president of the entity for any rent and possession action.

EXTRADITION WAIVER AGREEMENTS

(Section 548.260)

The act provides that any person arrested in this state and charged with having broken terms of bail, probation, or parole shall not be brought before a judge of this state if the person has previously waived extradition proceedings as a condition of release in the demanding state. Upon receipt of a certified copy of the written waiver of extradition from the demanding state, the officer shall delivery the person to the agent or agents of the demanding state.

ARSON

(Section 556.036)

The statute of limitations for the crime of arson shall be five years.

PROBATION SERVICES

(Section 559.600)

Provides that the governing body of any county of the first classification may establish a department of probation services, which shall provide all probation services, and shall be subject to the supervision of the circuit court for the county, and shall establish reasonable fees and charges for its services, to be paid by probationers.

DOMESTIC ASSAULT

(Section 565.072; from SB 429)

Under this section, a person who commits domestic assault in the first degree shall be guilty of a Class A felony, rather than a class B felony, if he or she has previously pleaded guilty to or been found guilty of committing such crime. Currently, this crime is only a Class A felony if the person inflicts serious physical injury on the victim.

SEXUAL OFFENDERS

(Section 566.150; from HB 309)

This act makes it a class A misdemeanor for a first offense and a class D felony for a second or subsequent offense for certain sexual offenders to serve as an athletic coach, manager, or trainer for any sports team with children younger than 17 years of age.

VICTIMS OF SEXUAL ASSAULT

(Section 566.224)

No prosecuting attorney, peace officer, governmental official, or employee of a law enforcement agency shall request or require a victim of sexual assault or forcible rape to submit to a polygraph test or psychological stress evaluator exam as a condition upon proceeding with a criminal investigation of such crime.

CONFIDENTIAL INFORMATION IN COURT RECORDS

(Section 566.226)

This section requires identifying information of sexual assault or forcible rape victims to be closed and redacted from any court record, whether written or published on the Internet, before being disclosed to the public. Identifying information shall include the name, home or temporary address, social security number, and physical characteristics of the victim. If the court determines that the person or entity requesting identifying information has a legitimate interest in obtaining such information, the court may allow access to such information, but only if it determines that disclosure would not compromise the welfare or safety of the victim.

ADDRESS CONFIDENTIALITY PROGRAM

(Section 589.600 to 589.638; from SB 429)

These sections create in the Secretary of State's Office the "Address Confidentiality Program" for victims of domestic violence, rape, sexual assault, and stalking. The program authorizes the use of designated addresses for such victims and their minor children. The Secretary of State shall promulgate rules to implement and administer this program.

An adult, parent of a minor, or guardian of an incapacitated person may apply to the Secretary of State to have a designated address assigned. The Secretary may only approve applications filed properly with the office as established by rule. The application shall contain certain information, including the person's mailing address, the applicant's signature, and a designation of the Secretary as agent for the purpose of service of process and receipt of first-class mail, legal documents, and certified mail. The applicant must supply a sworn statement that he or she is a victim of violence and fears further violent acts from his or her assailant. The applicant must also supply addresses that he or she does not want disclosed because it will jeopardize the applicant's safety.

Upon receiving a properly completed application, the Secretary may certify the applicant as a program participant for four years and forward his or her first-class mail, legal documents, and certified mail. Notification of lapsing certification and a reapplication form shall be sent to the program participant at least four weeks prior to expiration.

The Secretary of State may cancel, with limited exceptions, the certification of a program participant if:

1) The participant obtains a name change;

2) There is a change in the mailing address from the person listed on the application and another address is not provided; or

3) The applicant or participant provides false information or makes false claims in the application or assists another person in doing so.

State and local agencies and the courts shall accept the designated address as a program participant's address when creating new public records unless statute requires otherwise.

The Secretary may make a program participant's address or mailing address available if requested by law enforcement or the director of a state agency if he or she shows a statutory or administrative requirement for the use of such addresses. If deemed appropriate, the Secretary shall make a program participant's addresses available:

1) To a person identified in a court order when the order specifically requires the disclosure of a participant's address and the reasons for the disclosure; or

2) If the certification has been cancelled because the applicant or participant used false information in an application or made a false claim.

A program participant's application and supporting materials are not a public record and shall be kept confidential.

These sections contain a sunset clause.

HOPE'S LAW

(Section 568.045)

Expands the crime endangering the welfare of a child to include possession of amphetamine or methamphetamine or any of their analogues while in the presence of a person less than 17 years of age, or where a person under 17 years of age resides.

CRIMINAL REPORTS

(Section 595.030; from SB 429)

In order to properly file a criminal report with the authorities, the report of the forensic exam must be filed with the prosecuting attorney.

This section also includes unreimbursed or unreimbursable expenses incurred as a result of personal property being seized in a criminal investigation by a law enforcement agency as "out-of-pocket loss". Under certain circumstance, a victim may receive payment for such "out-of-pocket losses" from the Crime Victims' Compensation Fund.

CRIME VICTIMS' STATEMENTS BY COUNSEL OR REPRESENTATIVE

(Section 595.209)

This section allows a crime victim to offer a statement by counsel or a representative designated by the victim in lieu of a personal appearance at a hearing before the juvenile authorities, the board of probation and parole, or a mental health facility. The victim also has the right to have a partition set up in the probation and parole hearing room in order to shield the victim from the offender.

Under this section, an employer may not discharge or discipline an employee for attending a criminal proceeding or require any witness, victim, or member of the victim's family to use vacation time, personal time, or sick leave for honoring a subpoena to testify at, attend, or participate in a criminal proceeding.

SEALING OF ADULT ABUSE AND STALKING RECORDS

(Section 1)

Any court may order a court record closed that involves allegations of adult abuse or stalking if the petition is denied, dismissed, withdrawn by the petitioner, or denied after hearing. The act also changes the definition of "adult" to anyone 17 years of age or older for the purposes of the adult abuse statutes.

HA 1: AUTHORIZES A $45 SURCHARGE FOR THE "FAMILY SERVICES AND JUSTICE FUND" WITHIN ST. LOUIS COUNTY AND JACKSON COUNTY

HA 2:

- REMOVES POSSESSION OF MARIJUANA FROM THE ENHANCED PENALTY FOR POSSESSION OF A CONTROLLED SUBSTANCE IN THE PRESENCE OF A MINOR

- ALLOWS JUDGES TO SET ASIDE PATERNITY AND SUPPORT JUDGMENTS

- EXEMPTS TRANSACTIONS FOR COPPER OR ALUMINUM WIRE FROM THE RECORDING REQUIREMENTS OF SECTION 570.055 WHEN SUCH MATERIAL IS A MINOR PART OF A LARGER ITEM

- PROVIDES THAT SECTION 455.038, REGARDING NOTIFICATION FOR ORDERS OF PROTECTION, IS ONLY APPLICABLE TO COUNTIES WITH ACCESS TO A STATEWIDE VICTIM NOTIFICATION SYSTEM

- DISALLOWS STATE COURT JUDGES APPOINTED UNDER THE MISSOURI NONPARTISAN COURT PLAN FROM ENGAGING IN THE PRACTICE OF LAW WHILE IN OFFICE

- REMOVES THE COST-OF-LIVING ADJUSTMENT FOR COURT REPORTERS IN SECTION 488.2253

- REMOVES THE 45-DA6 WRITTEN NOTICE PROVISION FROM SECTION 510.120, THE LEGISLATIVE STAY STATUTE

- PROVIDES THAT THE STATUTE OF LIMITATIONS FOR ARSON SHALL BE 5 YEARS

HA 5: REMOVES THE PROVISIONS REQUIRING MISSOURI TO RETURN PRISONERS WITHOUT HEARING WHEN SUCH PRISONER HAS PREVIOUSLY SIGNED A WAIVER OF EXTRADITION

HA 8:

- ALLOWS A MUNICIPAL JUDGE TO ASSESS MUNICIPAL COURT COSTS IN THE EVENT THAT A CASE IS DISMISSED BEFORE THE DEFENDANT PLEADS OR IS FOUND GUILTY

- ALLOWS A CIRCUIT JUDGE TO ASSESS COURT COSTS IN THE EVENT A CASE IS DISMISSED BEFORE THE DEFENDANT PLEADS OR IS FOUND GUILTY

HA 9: ADDS CAPS TO THE LIMITATION ON LIABILITY FOR HEALTH CARE PROVIDERS WHO PROVIDE PRIMARY CARE OR PREVENTATIVE SERVICES TO STUDENTS

HA 11: MODIFIES THE LAW REGARDING INVESTMENT GUIDELINES FOR ELEEMOSYNARY AND TRUST FUNDS FOR HANDICAPPED PERSONS, AND CHANGES THE LAW REGARDING THE MISSOURI FAMILY TRUST REGARDING REIMBURSEMENTS DUE TO THE STATE WHEN TRUSTS HAVE BEEN CREATED FROM FUNDS RECOVERED FROM PERSONAL INJURY DAMAGES OR PERSONAL ASSETS

HA 14: INCORPORATES ALL PROVISIONS FROM THE PERFECTED SS/SCS/SB 429 (2007)

ALEXA PEARSON