SB 1152 Modifies various aspects of court administration
LR Number:4097S.10P Fiscal Note:4097-10
Last Action:05/09/02 - HCS Voted Do Pass H Judiciary Committee Journal page:
Title:SS#2 SCS SB 1152
Effective Date:August 28, 2002
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Current Bill Summary

SS/SCS/SB 1152 - This act revises various court administration sections, including the following:

ATTORNEY GENERAL DUTIES (Section 27.060) - This act requires the attorney general to zealously defend the constitutionality or validity of any legislative enactment, statute or constitutional provision and to not appear in court if such appearance may cause a conflict with such duty to zealously defend.

"MEGAN'S LAW" OFFENDERS (Sections 43.540 and 589.410) - This act authorizes the Highway Patrol to inform providers whether an applicant for employment is a registered offender under "Megan's Law". This act also requires the information from the registry be made available to other entities, as provided for by law.

FIRST CLASS COUNTY COUNSELORS (Sections 49.272 and 56.040) - County commissions in first class counties may adopt regulations to impose civil fine of not more than $1000 when such regulations are authorized by a statute that prescribes a violation of the statute to be a misdemeanor. In such cases, the county counselor shall be responsible for prosecuting the violations.

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.

MARION COUNTY CIRCUIT CLERK AND RECORDER OF DEEDS (Section 59.041) - Provisions allowing the combining of the offices of the District I Circuit Clerk and Recorder of Deeds in Marion county shall expire on December 31, 2002.

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 STATE AGENCY (Section 143.782) - For purposes of set-offs, the definition of state agency includes the state supreme court, courts of appeal and any circuit court of this state.

CLAIMS AGAINST SECOND INJURY FUND (Section 287.210) - This act allows an administrative law judge to appoint an impartial physician to examine, at the request of the State, upon a finding that there is no other adequate medical evidence available and necessary to second injury fund claims. The physician's fee and other reasonable costs may be assessed by the administrative law judge against any party and becomes immediately payable.

The report of a treating or examining physician may be submitted into evidence in a second injury fund claim, provided the physician is made available to the opposing party by deposition.

MECHANICS' and MATERIALMEN'S LIENS (Sections 429.032, 429.080, 429.090, 429.120, 429.160, 429.270 to 429.460) - The act provides for mechanic's liens to be filed directly with the recorder of deeds office. Currently, such a lien must be filed with the clerk of the circuit court. The act deletes Section 478.725 concerning the filing of mechanics' liens in Marion County.

LIENS AGAINST RAILROADS (Section 429.470, 429.490 and 429.540) - The act transfers duties regarding filing of liens to the recorder of deeds. Judgement creditors are responsible for forwarding copy of judgment to secretary of state.

LIENS OF HOSPITALS AND HEALTH PRACTITIONERS (Section 430.225) - The act reenacts a section of law repealed by a Missouri supreme court decision that allows hospitals and health practitioners to obtain liens for treatment of patients for sickness or injury caused by a tort-feasor.

CHILD SUPPPORT ENFORCEMENT AWARDS (Section 454.505) - The act deletes the requirement that the Division of Family Services must file all income withholding orders with the circuit clerk in child support cases.

PROTECTIVE ORDERS (Section 455.027 and 455.504) - No filing fees will be assessed to a petitioner in an action seeking a protective order. The act provides that only the petitioner can terminate an order of protection. If the order granted child custody to the respondent, then the act provides procedures for both parties to agree or object to a request for termination.

FOREIGN ORDER OF PROTECTION (Section 455.067) - The act provides that foreign orders of protection will be enforceable in state courts. The foreign order may be filed in the circuit court having jurisdiction. No fee or cost may be charged for the filing of the foreign order.

LEGAL FEES (Section 455.075) - A court may order a party to pay a reasonable amount to the other party for attorney's fees in actions seeking a protective order. Current law allows the court to order a party to pay a reasonable amount for the cost to the other party of maintaining or defending the suit, as well as for attorney's fees.

UNIFORM PROTECTIVE ORDER FORMS (Section 455.504) - The clerk of the court shall make the uniform forms adopted by the supreme court available to petitioners. Section 455.508 is deleted based on changes to section 455.504.

NOTIFICATION OF CHILD ADVOCATE (Section 455.504) - The clerk must notify the guardian ad litem of appointment immediately and give the guardian the names of the parties within 24 hours.

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.

JUDICIAL CONFERENCE (Section 476.320) - Administrative law judges of the division of workers' compensation are added to the Judicial Conference.

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.

EXEMPTIONS FROM PRACTICE OF LAW (Section 484.020) - This adds the following groups to those considered exempted from the practice of law: any organization that offers prepaid legal services; any non-profit organization that provides legal services as an incidental function of their primary purpose; and any organization that has the primary purpose of providing legal services to indigent persons.

COURT FEES AND SURCHARGES (Sections 488.005, 488.012 and 488.015) - Courts may only collect surcharges authorized by local ordinance if such ordinance is authorized by statute. The supreme court shall set the amount of any surcharges and any fees and miscellaneous charges authorized by statute. The act deletes the prohibition on the court increasing the amount of any surcharge allowed by law.

ELIMINATION OF CERTAIN COURT COSTS (Section 488.012) - Certain fees for the filing of liens and for additional summons are deleted.

COLLECTION OF COURT COSTS THROUGH SET-OFF (Section 488.020) - Allows a court to collect unpaid court costs in excess of $25 by seeking a set-off of the person's tax refund.

DOMESTIC VIOLENCE VICTIM FILING COSTS (Section 488.610) - The act adds victims of the crimes of domestic assault and stalking to the list of victims that do not have to pay any fees associated with the filing of criminal charges against the offender. Such victims also do not have to pay fees for a petition for protection order.

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 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) - The master jury list is not a public record and cannot specifically list voter's registration and driver's license records as sources.

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

LEGISLATOR STANDING (Section 507.240) - The General Assembly, or its individual members, are authorized to intervene in any court action, suit or proceeding to present evidence or argument regarding the interpretation, application or validity of a legislative enactment, statute or constitutional provision at issue. An intervening member of the general assembly who leaves office during the action shall retain standing during such action.

JUDGEMENTS (Sections 511.350 and 517.151) - The act provides that judgments entered by associate courts shall be liens on real estate without the filing of a transcript judgement. The act provides that the clerks, not just circuit clerks, may furnish and enter abstracts (Section 511.510). The act deletes section 517.141 related to the treatment of transcript judgements by the clerk of the court.

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.

TORT VICTIMS COMPENSATION FUND (Section 537.684) - This act modifies the process for filing a claim for compensation from the tort victims compensation fund. The act also authorizes procedures for the settlement of the claim prior to a hearing.

REPORTABLE DWI INFORMATION (Section 577.051) - The act clarifies what information must be reported to the Missouri State Highway Patrol for DWI cases.

SUSPENDED SENTENCE COURT RECORDS (Sections 610.105 and 610.110) - This act allows the sealing of court records when the court imposes a suspended sentence and the person successfully completes any court-ordered probation. Once the records are sealed or closed, the arrest, charges, conviction or guilty plea cannot be used for impeachment purposes. A person will not be guilty of perjury if, in a later case, the person fails to disclose the existence of the sealed record.

SEALED CRIMINAL RECORDS (Sections 610.120, 610.122, 610.130- 610.140) - This act authorizes courts to set aside criminal convictions and to expunge criminal records under certain circumstances. This act also allows expungement, however, based only upon a finding that no criminal charges have been filed against the subject for 10 years after the arrest.

This act contains the Missouri Rehabilitation and Sealed Records Act which authorizes a court to set aside a person's criminal convictions and seal a person's criminal record if such person meets certain requirements relating to criminal history and age.

The act criminalizes knowing use or release of records sealed pursuant to the act. Failure to seal or knowingly releasing such records is a Class B misdemeanor and knowing use of the records for financial gain is a Class D felony.

BAIL BONDSMAN (Section 1) - This act provides that bonds posted by a licensed bail bondsman shall be released at the time of sentence imposition.

DOUBLE-ENACTED STATUTES - The act deletes Sections 57.290 and 67.133, RSMo, that were moved to different statute numbers.

This act contains provisions that are similar to SB 637, SB 1092 and SB 1142 (2002).