SB 0469 Modifies provisions relating to court personnel
LR Number:1637L.05F Fiscal Note:1637-05
Committee:Judiciary and Civil & Criminal Jurisprudence
Last Action:05/16/03 - In Conference Journal page:
Title:HS HCS SB 469
Effective Date:August 28, 2003
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Current Bill Summary

HS/HCS/SB 469 - This act modifies a number of provisions relating to court personnel.

MOTOR VEHICLE RECORDS (Section 32.056) - This act prohibits the release of motor vehicle or driver registration records for any state or federal judge or any state or federal prosecutor.

CRIMINAL HISTORY CHECKS (Sections 43.530) -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. Beginning January 1, 2004, school bus operators must undergo a criminal background check.

JUDICIAL FINANCE COMMISSION RESOLUTION OF DISPUTES (Section 50.640) - The act allows the Commission to conduct hearings and arguments in disputes over the circuit clerk's budget by telephone. The Commission must render an opinion on such dispute between the county and circuit clerk within 120 days of the filing of the petition. If any party causes an extension, the Commission is given an additional 30 days to render its opinion. Any dispute submitted within 90 days of the end of the fiscal year must be resolved by the Commission within 90 days after the beginning the subsequent fiscal year.

VOTER REGISTRATION RECORDS (Section 115.157) - The voter registration records of state and federal judges and prosecutors are closed to the public.

TASK FORCE ON ALTERNATIVE SENTENCING (Section 217.860) - The task force is created within the Department of Corrections. The duty of the task force is to develop a statewide plan for alternative sentencing programs for nonviolent offenders. The task force shall include the corrections personnel, judicial personnel, persons who have completed probation and the president of the Missouri Association of Prosecuting Attorneys. The task force must submit its recommendations to the governor, the general assembly and the director of corrections by December 31, 2004. This section terminates on May 31, 2005.

PRISONER RESPONSIBILITY FOR COSTS (Section 217.070) - This act clarifies that prisoners become responsible for costs associated with their detention upon the plea of guilty or being found guilty.

CHILD SUPPORT ENFORCEMENT (Section 454.470) - The director may issue a notice and finding of financial responsibility to a parent only if a court order has not been previously entered against that parent or if a support order from another state has been entered but is not entitled to recognition.

PROTECTIVE ORDERS (Sections 455.027, 455.075, 455.504 and 455.536) - No filing fees or guardian ad litem fees will be assessed to a petitioner in an action seeking a protective order. A court may order a party, but not the petitioner, to pay the other party's guardian ad litem fees. A court may also order a respondent to pay a reasonable amount for attorney's fees and guardian ad litem fees incurred prior to commencement of proceeding or after entry of judgment, depending on the financial resources of both parties.

13th JUDICIAL CIRCUIT (Section 478.610) - Increases the number of circuit judges from 3 to 4 effective January 1, 2007. The fourth judge shall be elected in November 2006 for a two-year term and thereafter in 2008 for a four year term.

CIRCUIT CLERK (Sections 483.015 and 483.083) - The circuit clerk of St. Louis City shall be appointed by a majority of the judges of such circuit, effective January 1, 2005. This act shall not apply to the clerk in office at the time until the end of the clerk's term. The appointed clerk shall be paid by the city unless the state takes over the salaries of circuit clerks.

COURT REPORTER FEES (Sections 488.2250 and 488.2253) - This act 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. The act increases the fee to be paid by the clerk of the circuit court to the Director of Revenue in every contested case, or case in which evidence is to be preserved, from $15 to $25.

CRIME VICTIMS' 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.

COURT SURCHARGE IN FELONY CASES (Sections 488.5019 and 589.313) - The act imposes a $10 surcharge on felony cases involving drugs, offenses against the person, sexual offenses, robbery, burglary, arson, stealing and weapons, except when the charges are dismissed or costs are paid by the state. The surcharge is deposited in the Gang Resistance Education and Training Fund, which is administered by the Dept. of Public Safety. The department of public safety will develop a program with the department of elementary and secondary education for gang resistance training. These provisions shall terminate on December 31, 2008.

JUROR DISQUALIFICATION (Section 494.425) - Provides that a person unable to read, speak or understand the English language is disqualified unless such inability is due to an impairment that can be adequately compensated for through the use of auxiliary aids or services.

MODIFICATION OF JUDGEMENT BY ADMINISTRATIVE AGENCY (Section 511.350) - This act provides that judgements entered by any court of competent jurisdiction may be amended or modified by any administrative agency.

LANDLORD-TENANT ACTIONS (Section 535.030) - Summons in such actions shall served at least four business days before the court date.

CRIME OF TAMPERING WITH JUDICIAL OFFICER (Section 565.084) - Expands crime to include tampering with family court commissioners, drug court commissioners, juvenile court officers, and mediators and guardians ad litem appointed by the court.

CIVILIAN REVIEW BOARD (Section 590.653) - The act gives the Board the authority to subpoena witnesses, administer oaths and require the production of documents.

CRIME VICTIMS' COMPENSATION FUND (Section 595.045) - The act modifies the distribution of moneys from the fund beginning on September 1, 2003. On such date, 50% of the balance of the funds available shall be deposited to the crime victims' compensation fund and 50% to the victims' fund.

CRIME VICTIMS' COMPENSATION FUND (Section 595.050) - This act allows non-profit agencies receiving grants from the state services to victims' fund flexibility to shift their grant funds without invoking the supplanting clause.

This act is similar to SS/HB 198, HCS/SB 184, HB 558, SCS/HB 613, HCS/SB 5, SCS/SB 446, SB 451, HB 373, SB 487, SB 582, HB 584, HB 547, HCS/SB 470, SB 348, HB 667, and HCS/SCS/SB 294 (2003).

HA 1 - Deletes section 429.011 regarding mechanics' liens from the bill, modifies composition of task force on alternative sentencing and provides for the expiration of changes to section 483.015 regarding the circuit clerk of St. Louis if an alternative method of selection is created.

HA 2 - Modifies section 590.653 regarding composition of civilian review boards