SB 0267 Revises various civil and criminal procedures
LR Number:0981L.08T Fiscal Note:0981-08
Last Action:07/02/01 - Signed by Governor Journal page:
Effective Date:August 28, 2001
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Current Bill Summary

CCS/HS/HCS/SS/SCS/SB 267 - This act revises various court procedures in the following manner:

-Following sentencing, courts shall order fingerprinting of convicted persons; deletes requirement that prosecutors file motions for such fingerprinting(43.503.6)(see SB 1);

-Allows Associate Circuit Judges to issue criminal investigative subpoenas in the same manner as Circuit Court Judges (56.085)(see SB 1);

-Allows Office of Prosecution Services to use general revenue to fund for staff positions (56.765);

-Extends sheriff's duty to collect and account for fines until 2007 (57.130);

-Court costs ($10) shall be assessed upon nonfelony traffic convictions (67.133)(see SB 1);

-A licensed physician or surgeon may perform an autopsy upon court order; autopsy reports shall be available to surviving family, a personal representative or estate administrator (194.115);

-Communications made to a minister or clergyperson are privileged with respect to reporting known or suspected child abuse or neglect (210.140);

-Creates a right of action for circumstances where a municipality annexes territory within a water district and no agreement on water service can be reached (247.165); Adds provision regarding payment to water supply districts (247.171);

-Unsatisfactory ALJ reviews shall be referred to the ALJ review committee (287.610);

-Courts shall forward convictions of failure to maintain financial coverage to the highway patrol or, on written direction of the patrol, to the Department of Revenue (303.025);

-Revenue may suspend driving privileges and/or vehicle registration for violations of supervision (currently limited to court supervision)(303.041);

-Defines "surety recovery agents" and establishes procedural requirements for same(374.700 and 374.757);

-Review procedure for Public Service Commission cases in Section 386.510 is the exclusive procedure; a copy of writ of review shall be provided to each party (386.515);

-Courts may provide handbooks to petitioners filing for dissolution and may direct that respondents be served a handbook along with summons(452.556);

-Information regarding adult abuse orders may be entered in the Missouri Uniform Law Enforcement System (MULES) using computer links between the court automation system and MULES (455.040);

-Defines courts of record in Missouri (476.010);

-Requires official court reporter to be certified by board of certified court reporter examiners, as provided in Supreme Court Rule 14; depositions must be taken by certified court reporters to be admissible (476.365);

-Adds one associate circuit court judge in Boone County as of August 28, 2001, the same date when 13th judicial circuit's authority to appoint or retain a drug court commissioner expires (478.610);

-Certain municipal judges need not be licensed attorneys if, prior to 1979, they served for at least two years(479.020);

-Deletes reference to repealed section (479.150);

-Limits number of small claims court actions to 8 per year (482.330)(see SB 1);

-Notice of appeal costs shall be paid to circuit court where notice is filed, and shall be payable to Department of Revenue (483.500)(see SB 1);

-Modifies provisions on surcharges for civil case filings (488.426)(see SB 258); Such fees shall be used for law libraries(488.429);

-Raises surcharge for civil case filings in St. Louis City Circuit Court to $45 (488.447);

-Removes effective date for additional surcharges on criminal cases (488.607);

-Criminal case surcharge for independent living fund increased from $0.50 to $1.00(488.5332);

-Deletes requirement that $2 surcharge in criminal cases be reported to the Supreme Court (488.5336);

-Allows automated court records to be accepted as evidence, provided that the source of such records is disclosed to the opposing party (490.130);

-The state shall pay the fee for a translator or interpreter if the person requiring such service is a party to or witness in the proceeding (491.300);

-Costs of jury selection and service shall be paid by the county in which the case was filed (508.190);

-Allows trials de novo for civil cases tried before an Associate Circuit Judge when the claim for damages does not exceed $3,000 (current cap is $5,000) (512.180)(see SB 1);

-Circuit clerks to issue summons in landlord-tenant cases (534.070)(535.030);

-Allows refund of funds paid on order of a reviewing court when, on remand, a state agency determines that such payment was improper (536.160);

-Inmates may file a post-conviction motion seeking DNA testing if exculpatory DNA evidence may exist (547.035); Establishes procedure for cases where DNA test produces exculpatory results (547.037);

-Where change of venue is taken in either a civil or criminal case, the county where the case was filed must pay trial costs and/or costs of confining a defendant (550.120);

-Excludes mentally retarded individuals from receiving the death penalty (565.030) (see SB 192);

-Authorizes courts by local rule to allow social events in courthouses after business hours(574.075);

-Strikes requirement that $50 be deducted from most crime victims compensation awards; raises cap on such awards to $25,000 (from $15,000)(595.030); Such awards shall not be reduced by the amount of any life insurance proceeds (595.035);

-Raises surcharge in criminal cases for Crime Victims' Compensation Fund to $7.50 (from $5.00); Allows allocation of moneys remaining in fund to finance the Office for Victims of Crime(595.045);

-A court's judgment or final action taken by a prosecutor shall remain accessible in criminal proceedings where a case is dismissed, imposition of sentence is suspended, or the accused is found not guilty (610.105);

-Expands definition of "predatory" in evaluating sexually violent predators to specifically include acts directed towards family members for the primary purpose of victimization (632.480);

-Written notice that an inmate may meet the criteria of a sexually violent predator shall be given three hundred and sixty days prior to such inmate's anticipated release date (currently one hundred eighty days notice is required) (632.483);

-At any sexual predator jury trial, the judge shall instruct the jury that if it finds that the criteria are met, the person will be committed to the Department of Mental Health for control, care and treatment. All such trials shall be tried in open court (632.492);

-Any determination on whether or not a person is a sexually violent predator may be appealed (632.495);

-Creates office for victims of crime and authorizes a statewide automated crime victim notification system; (650.300)

-Highway patrol shall preserve any evidence leading to a felony conviction which has been or can be tested for DNA (Section 1);

-Allows the City of St. Louis to charge an additional court fee up to $20 for municipal violations (Section 2); and

-Allows the city of St. Louis to provide for additional court costs up to $5 per case for municipal violations to be pledged to maintenance and upkeep of courthouses (Section 2).