SB 114 Modifies a variety of provisions that relate to the judicial process in some manner
Sponsor: Crowell
LR Number: 0582L.05C Fiscal Note: 0582-05
Committee: Transportation
Last Action: 5/15/2009 - In Conference--SB 114-Crowell, with HCS#2, as amended Journal Page:
Title: HCS#2 SB 114 Calendar Position: 3
Effective Date: August 28, 2009
House Handler: Tracy

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Current Bill Summary


HCS#2/SB 114 - This act transmogrifies an act originally related to provisions that allowed courts using a centralized violation bureau to provide driver-improvement programs or motorcycle-rider training courses to an act that encompasses many

provisions of law relating to the courts and criminal matters.

Under this act, any court using a centralized violation bureau may elect to have the bureau order and verify completion of driver improvement programs or motorcycle-rider training courses. If a person has been ordered by the court to attend a driver-improvement program or a motorcycle-rider training program, the person also consents to attendance at any such program, and to verification of such attendance as directed by the bureau, when he or she pays the fines and court costs (Section 476.385).

This act requires the Department of Health and Senior Services to implement an education and awareness program regarding the financial exploitation of the elderly. This provision is similar to HB 62 (2009), HB 926 (2009) and HCS/HB 384 (2009)(Section 192.925).

Modifies the Amber Alert law by specifying redefining the term "abducted child". Under the act, an abducted child is now an individual whose whereabouts are unknown, is younger than 18 years of age, and is reasonably believed to be a victim of child kidnaping or younger than 18 years of age and at least 14 years of age and who would be reasonably believed to be a victim of child kidnaping if the person was under the age of 14 (Section 210.1012).

The judge in a criminal or municipal case that is dismissed before the defendant pleads guilty or is found guilty may assess court costs against the defendant as specified in Section 488.012 if the defendant consents to pay and is not indigent and unable to pay the costs. These provisions are similar to HB 62 (2009), HB 830 (2009)(Sections 479.260 and 488.5032).

This act specifies ten dollars of the time-payment fee shall be payable to municipal court clerks, when applicable, for improvement of the court (Section 488.5025). This provision may be found in HB 62 (2009).

This act removes the requirement that court costs be assessed to the prosecutor in trespass cases if the defendant is acquitted or the prosecution fails. These provisions are similar to provisions contained in HCS/HB 62 (2009) and HCS/HB 384 (2009)(Sections 545.050 and 550.040).

This act repeals a provision of law which currently requires property owners to cut hedge fences situated on their property next to a right-of-way or face a $500 civil penalty (Section 229.110).

This act repeals certain provisions making prosecutors pay certain court costs. These provisions are similar to a provision of HCS/HB 62 (2009) and HB 384 (2009)(Sections 550.050, 550.070, 550.080, and 550.090).

Under current law, certain information which can identify or locate a victim or certain crimes (sexual assault, stalking, forcible rape, etc.) must be closed and redacted from records prior to public disclosure. Under this act, this information must be redacted from records prior to its disclosure to the public if the records were filed prior to January 1, 2010. Beginning January 1, 2010, the identifying information must be retained on a confidential case filing sheet. The act also provides that nothing in the act shall be construed as permitting identifying information regarding a perpetrator of the specified crimes to be redacted from public records. Judges presiding over sexual assault, domestic assault, stalking or forcible rape cases may publicly disclose information regarding defendants which could be used to identify the victim of such crimes. A victim may provide a statement to the court regarding whether he or she desires the information to remain closed. When determining whether to disclose such information, the court shall consider the victim’s safety and welfare (Section 566.226).

This act allows the court, as a condition of probation or parole, to require certain persons convicted of intoxication-related traffic offenses to submit to alcohol monitoring in certain circumstances instead of serving a more lengthy sentence. The term "continuous alcohol monitoring" means automatically testing alcohol concentration levels and tampering attempts, regardless of the location of the person wearing the device, at least once each hour and regularly transmitting the data. In addition to other terms of probation or parole, a court shall consider requiring an offender convicted of an intoxication-related traffic offense to abstain from consuming alcohol as demonstrated by continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day for a length of time established by the court. The court may require the offender to bear any costs associated with continuous alcohol monitoring or verifiable breath alcohol testing (Section 577.023). This provision may be found in HCS/SB 93 (2009)(HA 3).

This act modifies the endangerment of a child’s welfare statute. Under this act, a person who creates a substantial risk to the life, body or health of a child by shaking a child under the age of 5 by the arms, legs, chest, or shoulders shall be guilty of a felony punishable by a term of imprisonment not to exceed 20 years (HA 4 and HA 1 to HA 4)(Section 568.045).

STEPHEN JOHN WITTE