|SB 0001||Makes changes to court procedures; authorizes payments from Tort Victims' Fund|
|LR Number:||0534S.01I||Fiscal Note:||0534-01|
|Last Action:||01/10/01 - Second Read and Referred S Judiciary Committee||Journal page:||S79|
SB 1 - This act revises various provisions regarding judicial and administrative procedures.
SECTION 43.503 - Currently, a prosecuting attorney must file a motion to obtain the fingerprinting of a convicted defendant prior to sentencing or commitment. The act deletes the requirement of the motion prior to ordering fingerprinting. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 56.085 - Allows associate circuit judges to issue investigative subpoenas in criminal cases, in the same manner as circuit judges. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 67.133 - Requires felony court costs to be assessed in felony traffic cases.
SECTION 104.312 - Currently, state pensions administered by MOSERS may be divided as of the date of a divorce decree. The act amends this provision to allow division of such pensions as of a date agreed upon by the parties.
SECTION 196.790 - Parties may not received a trial de novo from findings of any violation of state adulterated food and milk laws; effective January 1, 2002.
SECTION 211.185 - Currently, court may order child and parent to make restitution of $4,000 or less. The act increases the amount of liability to $20,000.
SECTION 302.535 - Deletes authority for traffic court judges to act as commissioners on petitions for review of Department of Revenue decisions.
SECTION 303.041 - Allows Director of Revenue to take enforcement action for violations of administrative supervision. Currently, such actions are allowed for violation of court supervision only. Repeals duplicative section. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTIONS 351.025 & 354.065 - Extends the sunset clause for when not for profit health services corporation may file for and amend its articles of incorporation to become a for profit corporation from August 31, 2000 to August 31, 2002.
SECTIONS 426.220 & 426.230 - Eliminates trials de novo from judgments regarding fraudulent transfer of property intended to violate creditors' rights; effective January 1, 2002. This provision was also contained in SCS/SB 268.
SECTION 426.556 - Currently, courts are required to mail a handbook to parties involved in a dissolution proceeding. The act allows courts to provide a copy of the handbook to the petitioner when the case is filed, and to the respondent when being served with the summons.
SECTION 429.360 - Eliminates trials de novo in suits to enforce mechanics' liens; effective January 1, 2002. This provision was also contained in SCS/SB 268.
SECTION 455.040 - Courts may enter information regarding adult abuse orders in the Missouri Uniform Law Enforcement System, using computer links between the court automation system and MULES. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 455.205 - Allows surcharge for domestic violence shelters, currently restricted to dissolution cases, when any civil case is filed in circuit court under an order or ordinance adopted prior to January 1, 2002.
SECTION 478.036 - Provides procedure for review of decisions of commissioners. In civil cases, parties have 15 days to file objections before decision takes effect; in criminal cases, decision is effective immediately, and parties have 15 days to file objections. This provision was also contained in SCS/SB 268.
SECTION 479.150 - Technical correction (deletes reference to repealed section).
SECTION 479.500 - Deletes authority for St. Louis County traffic judges to review decisions of Department of Revenue.
SECTION 482.305 - Raises jurisdiction of small claims court from $3,000 to $5,000.
SECTION 482.330 - Clarifies number of small claims court cases that one party may file annually. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 483.310 - Requires clerk to deposit any funds, other than costs, that are paid into the registry of the circuit court.
SECTION 483.500 - In cases appealed to Court of Appeals or Supreme Court of Missouri, fees shall be paid to circuit clerk of county which issued the original decision. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 487.030 - Repeals language inconsistent with new procedure for review of decisions of commissioners (see 478.037). This provision was also contained in SCS/SB 268.
SECTION 512.180 - Deletes provision allowing trial de novo in associate court cases tried without a jury and involving claims of damages of $5,000 or less. Appeals to the Supreme Court or Court of Appeals from any decision of an associate circuit court shall be governed by the same rules as appeals from circuit court decisions. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTIONS 512.190, 512.200, 512.210, 512.250, 512.270, 512.280, 512.290, 512.300, 512.310 & 512.320 - Repeals procedural requirements for trials de novo.
SECTION 514.440 - Surcharge for law libraries shall be $15 in all jurisdictions.
SECTION 516.500 - Repeals statute of limitation for actions challenging procedural defects in passage of legislation.
SECTION 517.011 - Increases jurisdictional limit in associate circuit court cases from $25,000 to $50,000.
SECTION 534.070 - Allows clerk to issue subpoenas in landlord-tenant cases. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTIONS 534.350, 534.360, 534.380, 535.030 & 535.110 - Eliminates trials de novo from landlord-tenant cases; effective January 1, 2002. This provision was also contained in SCS/SB 268.
SECTION 537.045 - Increases parental liability in certain cases from $2,000 to $20,000, when parent named as a defendant.
SECTIONS 537.765, 537.768, 537.681, 537.684, 537.687, 537.690 & 537.693 - Establishes procedure for distribution of Tort Victims' Compensation Fund. The act establishes a Legal Services for Low-Income People Fund, which may consist of up to 25 percent of the proceeds in the Tort Victims' Compensation Fund, to support recipients of federal Legal Services Corporation funding. The remaining 75 percent of the Fund is dedicated to uncompensated tort victims. These provisions are also contained in TAT SCS/HS/HCS/HB 107.
SECTION 541.020 - Technical correction (deletes outdated provision granting circuit courts jurisdiction in trials de novo in criminal cases). This provision was also contained in SCS/SB 268.
SECTION 550.120 - Currently, originating county must pay trial costs associated with change of venue in criminal cases. The act revises this provision to apply in civil proceedings as well. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 610.105 - Clarifies the portion of the record of a final disposition that shall remain accessible in a criminal proceeding in which the records are ordered expunged. This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 621.055 - Requires Department of Social Services to issue a notice of appeal rights with all decisions that are appealable to the Administrative Hearing Commission.
SECTIONS 621.155, 621.165, 621.175 & 621.185 - Repeals procedural requirements to determine constitutionality of administrative rules in cases before Administrative Hearing Commission.
SECTION 621.189 - Technical correction.
SECTION 621.198 - Administrative Hearing Commission may by rule establish a filing fee for original actions brought by non-state parties.
SECTION 650.055 - Allows a defendant convicted of violent or sexual felonies requiring testing to make a post-conviction motion for DNA testing of evidence from trial. (Similar to SB 872, 2000.) This provision was also contained in TAT CCS/HS/HCS/SS/SCS/SB 267.
SECTION 1 - In executive branch agencies that employ administrative law judges, that also charge one of the administrative law judges with responsibility for office, the chief administrative law judge shall be elected by such judges for a two year term. This section is effective January 1, 2002. This provision was also contained in TAT SCS/SB 270.
SECTION 2 - The elimination of trials de novo shall apply to cases filed on and after January 1, 2002.
SECTION 3 - A corporation may be represented by the president or chief executive officer of the corporation or designee in proceedings before the Administrative Hearing Commission or any state agency.
This act is similar to the provisions contained in the
Perfected version of SS/SCS/SBs 678 & 742 (2000).