HB 1962 Modifies provisions of law relating to court procedure
Current Bill Summary
- Prepared by Senate Research -

SCS/HS/HCS/HB 1962 - This act modifies a number of provisions relating to court procedures.

CRIMINAL HISTORY CHECKS (Sections 43.530 and 43.540) - A criminal history request must now also disclose if the person is registered sex offender. The highway patrol is authorized to establish procedures for receiving criminal history requests from courts and others and paying for such requests by electronic means.

SALARY COMMISSION (Section 50.333) - The act provides that the county clerk, not the circuit clerk, shall serve as the temporary chair of the salary commission.

COUNTY CRIME REDUCTION FUND (Sections 50.550 and 50.555) - Allows counties to create a crime reduction fund and limits the law enforcement purposes for which the fund may be used. The act authorizes courts to order payments by defendants in certain criminal cases to the fund, if one is established in the county. The act contains procedures if the defendant refuses to pay into the fund (Sections 558.019 and 559.021).

COUNTY CIRCUIT CLERKS AND RECORDERS (Section 59.040 and 59.042) - Allows for the combination or separation of the offices of county circuit clerk and county recorder in third class counties, upon voter approval.

DEFINITION OF COURT (Section 143.782) - Defines "court" in terms of tax credits and refunds.

WAIVER OF SOVEREIGN IMMUNITY (Sections 287.780 and 537.605) - Subjects the state to lawsuit for discriminating against a worker exercising worker compensation rights and to lawsuit brought under federal Family and Medical Leave Act.

BAIL BONDSMAN (Section 374.770) - Authorizes a court to assess the cost of transporting a prisoner if there is a breach in the bond contract and the prisoner is incarcerated in another jurisdiction against the bondsman, unless the other jurisdiction refuses to return the prisoner to the pending court's jurisdiction.

PUBLIC ADMINISTRATOR (Section 473.750) - Authorizes the Jackson county public administrator to utilize computerized data management software to maintain records.

STATE COURT ADMINISTRATION REVOLVING FUND (Section 476.058) - Any moneys received in connection with preparation of court transcripts shall be deposited in the fund.

FOREIGN LANGUAGE INTERPRETERS/TRANSLATORS (Section 476.061) - The act provides that interpreters and translators cannot be compelled to testify to information that is otherwise attorney- client privileged. The interpreter/translator shall be allowed a reasonable fee and the act provides when that fee shall be paid by OSCA.

CLAY COUNTY CLERKS (Sections 476.270 and 483.245) - This act allows the Clay county commission to vote to pay the salaries of deputy circuit clerks and division clerks with county funds. Currently, the salaries of deputy circuit clerks and division clerks must be paid by the state.

EXECUTIVE COUNCIL OF THE JUDICIAL CONFERENCE (Section 476.340) - The act amends the process for filling vacancies of any unexpired term.

FINE COLLECTION CENTER (Section 476.385) - This expands the Fine Collection Center to accept tickets for littering and to clarify how notice is sent to the party.

MUNICIPAL JUDGES - (Section 479.020) - The mandatory retirement age for municipal judges is changed from 75 to 70 years of age.

ST. LOUIS CITY CIRCUIT CLERK - (Sections 483.015 and 483.083) - The circuit clerk of the St. Louis city shall be appointed by a majority of the circuit and associate judges in the St. Louis city circuit. Currently, the office of St. Louis city circuit clerk is an elected position.

SMALL CLAIMS COURT (Section 482.330) - Provides that venue in small claims court shall be determined by the general venue statute for cases instituted by summons.

COURT FEES AND SURCHARGES (Sections 488.005 and 488.012) - Courts may only collect surcharges authorized by local ordinance if such ordinance is authorized by statute. The act increases the fee in every contested case from $15 to $25 (Section 488.2253).

FEE FOR FUNDING FOR SHELTERS (Section 488.445) - The act removes the expiration date for counties to impose a fee on marriage licenses and surcharges on civil cases to provide funding for shelters.

TRANSCRIPT FEES (Section 488.2250) - Increases the fees for court reporters to collect on transcripts and copies of transcripts. Beginning January 1, 2004, the fees may be increased or decreased depending on certain indexes.

FAMILY SERVICES AND JUSTICE FUND (Section 488.2300) - The act provides that the judgment collected in juvenile proceedings is payable to the fund.

CRIME VICTIM'S COMPENSATION JUDGEMENT AND COUNTY FEE (Sections 488.4014, 488.5320 and 595.045) - The fee payable in felony and nonfelony criminal violations shall be paid upon the plea of guilty or upon a finding of guilt. Exceptions are made for certain misdemeanors.

TIME PAYMENT FEE (Section 488.5021) - The act creates the time payment fee. Courts may impose such a fee on all fines, fees or sanctions not paid in full within 30 days. The act provides for distribution of the fee to the local court, court automation fund and drug court fund.

INTERPRETER FEES (Section 491.300) - Interpreter fees for witnesses shall be allowed in juvenile proceedings and domestic violence actions.

MASTER JURY LIST (Section 494.410) - Beginning July 1, 2003, the names on the master jury list shall be chosen from certain source lists. The names of potential jurors on the list shall not be considered a public record.

QUALIFIED JURY LIST (Sections 494.415 and 494.420) - The qualified jury list and petit jury list shall only be disclosed by local rule.

TIME COMPUTATION (Section 506.060) - Modifies the computation to correspond with Supreme Court rules.

LEGISLATIVE CONTINUANCES (Section 510.120) - Authorizes legislative continuances in court during special and veto sessions, and during interim committee assignments.

JUDGEMENTS IN ASSOCIATE CIRCUIT COURT (Section 511.350) - Allows judgement in associate circuit court to be lien on real estate if judgment is final and not appealed. The act deletes the requirement that in cases tried before the court, judgement must be entered within 30 days (Section 517.111).

ABSTRACTS (Section 511.510) - Requires circuit clerks to enter abstract of judgement within five days of rendition.

STATUTE OF LIMITATIONS (Section 516.200) - Extends the statute of limitations in certain tort cases and cases before associate circuit courts up to two years if defendant takes certain actions to hinder a plaintiff's ability to identify the defendant.

STATE CONSENT TO ADA SUIT - (Section 537.617) - This act grants limited consent by the state to be sued under the Americans with Disabilities Act (ADA) in state court, subject to monetary limits, which shall not include punitive damages.

COSTS IN CRIMINAL CASES (Chapter 550) - The act requires the circuit court clerk to calculate on a monthly basis all costs that have accrued in criminal cases where a change of venue has been taken. Each month, the county treasurer, in cases involving a change of venue, must ensure that moneys are turned over to the proper fund.

TAMPERING WITH JUDICIAL OFFICER (Section 565.084) - The act adds drug court commissioner, family court commissioner and juvenile court officer to the definition of "judicial officer".

UNIFORM LAW ENFORCEMENT SYSTEM RECORDS (Section 577.051) - The act modifies the types of case dispositions that must be reported.

FAILURE TO PAY COURT COSTS (Section 1) - The act authorizes the state court administrator to seek a set-off of an income tax refund for certain delinquent court costs in excess of $25.

"JAKE'S LAW" (Section 2) - The act requires a jurisdiction receiving notice of a wanted offender in another jurisdiction to either retrieve the offender or pay the other jurisdiction the cost of housing.

CONTINUING LEGAL EDUCATION (Section 3) - Allows attorneys elected to or employed by the general assembly to report 15 hours of continuing legal education, not including the ethics hours, for the reporting year that includes such regular session.

CONSUMER SERVICE CONTRACT (Section 4) - The act mandates a court to strike automatic renewal provisions longer than one year in litigated consumer service contracts.

Portions of this act are similar to SB 1152 (2002).
JIM ERTLE

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