SB 636 Modifies provisions relating to the judiciary
Sponsor: Keaveny
LR Number: 4054S.05T Fiscal Note available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 7/12/2012 - Signed by Governor Journal Page:
Title: CCS HCS SB 636 Calendar Position: 14
Effective Date: August 28, 2012
House Handler: Diehl

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Current Bill Summary


CCS/HCS/SB 636 - This act modifies laws relating to the judiciary.

JOINT COMMITTEE ON CHILD ABUSE AND NEGLECT

Section 21.771; HB 1842 (2012) & HCS/SB 628 (2012)

This act establishes the Joint Committee on Child Abuse and Neglect which shall be composed of seven members of the House of Representatives appointed by the Speaker and Minority Floor Leader and seven members of the Senate appointed by the President Pro Tem and the Minority Floor Leader. No party may be represented by more than four members of the Senate and four members of the House of Representatives. The Committee will expire on January 15, 2018.

Among other duties, the Joint Committee is required to:

(1) Study and analyze the state child abuse and neglect reporting and investigation system;

(2) Devise a plan for improving the decision process for removal of a child from a home;

(3) Determine the additional personnel and resources necessary to adequately protect children and improve their welfare; and

(4) Address the need for additional foster care homes and to improve the quality of care provided to abused and neglected children in the custody of the state.

DRIVER'S REGISTRATION AND MOTOR VEHICLE RECORDS

Section 32.056; HB 1627 (2012) & HCS/SB 628 (2012)

Currently, the Department of Revenue is prohibited from releasing the home address or any other information contained in the Department's motor vehicle or driver registration records for specified groups of individuals. This act adds any state or federal judge or his or her immediate family members to those groups. The act also limits the information withheld to the home address and information that identifies a vehicle owned by an individual in the specified groups. There is an exception allowing for release of the protected information to government agencies in carrying out their functions.

FRANKLIN COUNTY MUNICIPAL COURT

Section 67.320; HB 1211 (2012) & SB 888 (2012)

This act allows any Franklin County to establish a county municipal court. If Franklin County creates a county municipal court, the first judges are to be appointed by the county commission for terms of four years and subsequent judges are elected for terms of four years.

FAILING TO PAY BI-STATE DEVELOPMENT AGENCY FARE

Section 70.411; HB 1454 (2012) & SB 508 (2012)

Persons convicted of failing to pay the fare for use of Bi-State Development Agency facilities and conveyances may be required to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.

JUVENILE COURT JURISDICTION

Section 211.031; HB 1171 (2012) & HCS/SB 628 (2012)

Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.

VIDEOCONFERENCING OF PROBATION AND PAROLE HEARINGS

Section 217.670; HB 1826 (2012) & SB 823 (2012)

This act allows the board of probation and parole, or a hearing panel of such board, to conduct hearings with offenders via videoconference. Victims may testify at the site where the board is conducting the videoconference or at the institution where the offender is located. The offender or the victim may object to the use of videoconferencing and, upon such objection, the hearing will be conducted in person.

PERFECTION OF SECURITY INTERESTS

Section 400.9-311; HB 1153 (2012), HCS/HB 1400 (2012) & HCS/SB 628 (2012)

Currently, security interests in property subject to certain federal or state filing requirements can only be perfected by following such requirements. There is an exception for property held as inventory by a person in the business of selling or leasing goods of that kind. This act removes persons in the business of leasing goods of that kind from the exception.

QUALIFIED SPOUSAL TRUSTS

Section 456.950; HB 1165 (2012) & HCS/SB 628 (2012)

Currently, trusts that hold a certain kind of property owned by a husband and a wife will be considered a qualified spousal trust if the property is held in one trust or the property is held in two separate shares of one trust. This act allows a trust to be considered a qualified spousal trust if the trust consists of both property held in one trust for both spouses and property held in two shares of one trust for each spouse.

STATEWIDE COURT AUTOMATION FUND

Section 476.055; HB 1460 (2012) & HCS/SB 628 (2012)

Currently, a court fee is collected and deposited into the Statewide Court Automation Fund. The Court Automation Committee may use moneys in the fund for court automation. Collection of the fee is set to expire on September 1, 2013. The Committee is to cease functions no later than September 1, 2015. Unexpended moneys remaining in the fund will be transferred to the general revenue fund on September 1, 2013.

This act extends collection of the court fee until September 1, 2015. Moneys left in the fund on that date will be transferred to the general revenue. The Committee shall cease functions on September 1, 2017.

MUNICIPAL ORDINANCE VIOLATIONS

Section 479.040; HB 1636 (2012) & HCS/SB 628 (2012)

Currently, municipalities that make an election to have violations of their ordinance heard by an associate circuit court or county municipal court must have all violations of their ordinances heard by such a court. This act allows municipalities to elect to have only violations by an accused with special needs due to mental illness or mental disorder heard by such courts. If the election is for an associate circuit court to handle such matters, the presiding judge of the circuit must consent to the election. If the election is for a county municipal court to handle such matters, a county contract must permit the election.

The prosecutor must make a designation of special needs on the information. The matter will be transferred back to the municipal court if the associate circuit court or county municipal court does not have established resources for handling such matters or the court determines the accused does not have special needs.

ST. LOUIS CITY CIRCUIT CLERK

Section 483.015; HB 1560 (2012), SB 788 (2012) & HCS/SB 628 (2012)

This act requires that the circuit clerk for the twenty-second judicial circuit be appointed by a majority of the judges of that circuit. The circuit clerk shall be removable for cause by a majority of the circuit judges. The elected circuit clerk holding office when this act takes effect will remain in office for the remainder of his or her term.

INVERSE CONDEMNATION AND DANGEROUS CONDITIONS ON PUBLIC PROPERTY

Sections 508.050 & 523.010; HB 1293 (2012), SB 704 (2012) & HCS/SB 628 (2012)

This act requires that suits against municipal corporations involving dangerous conditions of public property or suits in inverse condemnation be brought in the county in which all or part of the property lies.

MIKE HAMMANN